MAHABIR AGRAWAL Vs. MANOJ KUMAR SAWARIYA

JUDGEMENT

(1.) Heard on admission.

(2.) The appeal is by the defendant/tenant against the concurrent finding of fact by both the Courts Below.

(3.) Brief facts of this case as pleaded by the plaintiffs are that a house bearing No.32/3, situated at Civil Line, Raigarh Ward No.14, which was of three bedroom, kitchen and bathroom with other facilities, was given to defendant/appellant as a tenant. The suit was filed by Manoj Sawariya, the plaintiff No.1, Smt. Mridula Sawariya, the plaintiff No.2 and Lalit Kumar Sawariya, the plaintiff No.3. The husband of the plaintiff No.2, Anil Kumar Sawariya died on 09.12.2005. It was further pleaded that the plaintiff No.1 and the plaintiff No.2, used to reside behind Gandhiganj, near Laxminarayan Temple and the plaintiff No.3 used to reside at Civil Line, Darogapara, Raigarh. It was further stated that all the plaintiffs have children, who have grown up and presently the plaintiff No.1 and 2, wherein they are residing is in dilapidated condition, which is very small and inadequate for the family.